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tarikwi
May 8, 2011, 12:17 PM
Hello, I will try to make this short.. I live in Florida,my girlfriend took my 6 months baby girl and left, she said she needed a break, she said she was going to orlando to stay with her sister. I find out later that she moved to New Jersey with her parents, got a job and she is telling me now that she doesn't want to see or talk to me. She tells me if I want to see my daughter I can fly to jesrsey once a month to see her. My name is not on the birth certificate, by baby girl has my last name. Can she do that? What do I have to do to be involved in my daughter's life?

JudyKayTee
May 8, 2011, 12:49 PM
First you have DNA testing done to prove you are the father. You do that by petitioning the Court where she is a resident, asking for custody/visitation.

Yes, she can - and has - moved.

She will respond to your Petition with the reasons she believes you should not have visitation - if she has any reasons.

Where have you been mailing child support?

cdad
May 8, 2011, 01:44 PM
How long ago did this happen? You may be able to file in Florida for the return of the child.

AK lawyer
May 8, 2011, 02:57 PM
... You do that by petitioning the Court where she is a resident, asking for custody/visitation.
...

Petition the court there if the child has lived there for a full six months. Otherwise in Florida.
http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement _Act

ScottGem
May 8, 2011, 03:03 PM
what do i have to do to be involved in my daughter's life?

What you should have done when your daughter was born. Why aren't you on the birth certificate? Did you sign an acknowledgment of paternity? Did you go to court to establish yourself as the legal father?

You need to do all this IMMEDIATELY. Also file with Florida's Putative Father Claim, Search and Update Information and Applications (http://www.doh.state.fl.us/planning_eval/vital_statistics/Putative.htm)

Assuming she has not been in NJ for more than 6 months. You need to file in Florida (I assume the baby was born in FL and has a FL birth certificate) for custody and visitation. She will be forced to answer in the Florida courts. They may force her to return or they may force her to allow reasonable visitation.

If I were you, tomorrow morning I would be consulting with a Family Law attorney to file.

tarikwi
May 11, 2011, 07:26 PM
She is my first child and wasn't aware that I have to be on the birth certificate.Hiring a lawyer is not within my reach at the moment, I went to the court house today and picked uo the paternity petition. I filled it out to the best of my knowledge. Am I lowering my chances without a lawyer? Is there anywhere I can get legal advice? Please *** help! Thank you so much

ScottGem
May 12, 2011, 02:48 AM
She is my first child and wasn't aware that i have to be on the birth certificate.Hiring a lawyer is not within my reach at the moment, i went to the court house today and picked uo the paternity petition. i filled it out to the best of my knowledge. Am i lowering my chances without a lawyer? is there anywhere i can get legal advice? please *** help!! Thank you soo much

So sad. I'm assuming she wasn't planned either. Did you have unprotected sex or just ineffective birth control? May I ask how old you are? You certainly seem to need to grow up and understand there is a real world out there.

Yes, you are lowering your chances without a lawyer. Especially if she has one. But Family courts are more friendly to people going pro se (without counsel). Check with a local law school if one is available. Many have clinics that may be able to help you plan strategy and fill out paperwork.

You can ask specific question here as well. Good luck and keep us posted.

JudyKayTee
May 12, 2011, 05:44 AM
Did OP answer my question concerning where he has been mailing his child support payments? Or didn't he know...

AK lawyer
May 12, 2011, 05:51 AM
Did OP answer my question concerning where he has been mailing his child support payments? Or didn't he know ...

Rhetorical question I assume. Post #6 was his only post subsequent to your question, and there certainly isn't an answer there.

tarikwi
May 12, 2011, 06:01 AM
Judy, I had no idea where she was, therefore I emailed her and let her know that I made a deposit into her account twice in these 6 weeks. None of us went to court yet so no child support is established yet. And yes she wasn't planned for(ineffective birth control. I am 28, and I know there is a real world out there, it's just too emotional when it comes to a kid that your life involved around. The package that I picked up from the court house contains a lot of paper work. Can I consult with a law school? From the answers that I got so far, legally she broke the law by taking our child away, and as soon as I prove that I am the biological father before the 6 months, the court will order her to moved back with the child? Is that correct? Thank you

J_9
May 12, 2011, 06:14 AM
Actually legally she didn't break the law. As of this moment in time there is no legal father. Your name is not on the birth certificate, you didn't fill out an Affidavit of Paternity, nor did you take a DNA test. So, legally, at this point in time, she is in total control of this child and can do whatever she pleases until you are recognized as the legal father.

Unless, of course, you are registered with the Putative Father Registry.

tarikwi
May 12, 2011, 06:18 AM
About 6 weeks now.. is a lawyer recommended in a case like that or I can file on my own? I picked up the paternity petition package yesterday from the court house. Thank you

JudyKayTee
May 12, 2011, 07:00 AM
You don't need an Attorney. The Court is user friendly.

ScottGem
May 12, 2011, 09:34 AM
As J_9 said, she hasn't broken any law yet. That's because you didn't do anything to preserve your rights. What you are calling child support is simply a gift to her and will not be counted towards support.

Whether she will be required to return is unknown. It will depend on the court and judge that hears the case. It is certainly not black and white that a court will order her to return.

As for getting a law school to help, you have to check and see if they operate a clinic. It is my understanding that many do because it gives students a chance to deal with real situations. But you have contact your local school and ask whether they have such a service.